RFP FA5209-10-R-0018.pdf

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FA5209-10-R-0018 6 Aug 10, 1400hrs

Project No. V-10-600, Replace A/C and Heating System, Building S-336 at Akizuki Ammunition Depot, Hiroshima-ken, Japan

3. Funds are not presently available for this project. See YCL003, NOTICE TO OFFERORS, in Section L of SF 1442.

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FA5209-10-R-0018

20100806 1400

WT5J0M01530908

SEE SCHEDULE

ENTER PRICE(S) IN SECTION B

USE TYPEWRITER OR BLACK INK

THIS ACQUISITION IS UNRESTRICTED, HOWEVER, THIS SOLICITATION INCLUDES CLAUSES AUTHORIZED FOR THE PURPOSE OF CONSTRUCTION EFFORT IN JAPAN: FAR 52.236-7 (MODIFIED IAW AFFARS 5336.507, TO READ “GOVERNMENT OF JAPAN”) AND DFARS 252.225-7042, UNDER WHICH OFFERORS ARE REQUIRED TO BE THE FIRMS THAT HAVE BEEN REGISTERED AND HOLD A CONSTRUCTION CONTRACTOR LICENSE UNDER THE LAW OF JAPAN. AWARD CAN ONLY BE MADE TO FIRM LICENSED TO OPERATE CONSTRUCTION IN

THE COUNTRY OF JAPAN.

EIKI OHKUBO 042-552-1046

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

06-Jul-2010

(RFP)

(IFB)

X

CALL:

Replace A/C and Heating System, Bldg S-336 at Akizuki Ammunition Depot

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________06 Aug 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

374TH CONTRACTING SQUADRON

UNIT 5228, BLDG 620, YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

FA5209

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

V-10-600

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

FA5209-10-R-0018 22

*Section YCF003

See Section YCH004

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

RFP No. FA5209-10-R-0018 Page 2 of 22 pages

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT

Lump Sum

Y

Project No. V-10-600

FFP

Replace A/C and Heating System, Building S-336 at Akizuki Ammunition Depot

NSN: Z299-NO-V10-6000

PURCHASE REQUEST NUMBER: WT5J0M01530908

SIGNAL CODE: A

YCB001 CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

YCB003 STATUTORY COST LIMITATION

Project No. V-10-600 is subject to Statutory Cost Limitation of Y81,747,675. Refer to DFARS 252.236-7006, Cost Limitation, in Section L.

Section C - Descriptions and Specifications

YCC001 STATEMENT OF WORK

The Contractor shall perform the services set forth in Section B in accordance with the contract specifications and drawings listed in Section J, and other terms and conditions of this contract.

YCC002 PREPARATION OF MATERIAL APPROVAL SUBMITTALS

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, material descriptive data, shop drawings and other submittals as required by the contract specifications shall be submitted to the Contracting Officer for approval. The submittals contemplated by the clause at FAR 52.236-5, Material and Workmanship, in Section I shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittals.

Section E - Inspection and Acceptance

52.246-12 Inspection of Construction AUG 1996

YCE001 INSPECTION AND ACCEPTANCE (IAW FAR 46.401(b) and 46.503)

Inspection and acceptance will be at destination(s) specified in Section F, YCF001 hereof.

YCE003 FINAL INSPECTION

Final inspection will be conducted Monday through Friday only, between the hours of 8:00 A.M. and 4:00 P.M. The United States Government will perform the inspection within 24 hours after notification by the contractor. Final inspection falling on weekends or U.S. legal holidays will be done the following workday. Extension due to weekends or U.S. legal holidays will not be considered as part of the performance period.

Section F - Deliveries or Performance

YCF001 PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following location(s): Akizuki Ammunition Depot, Hiroshima-ken, Japan.

YCF002 NOTICE TO PROCEED

The Notice to Proceed will be issued to the contractor within 60 calendar days following the execution of the contract.

YCF003 CONTRACT PERFORMANCE TIME

The Contractor shall schedule all contract work to be completed within the total contract performance time of 120 calendar days after Notice to Proceed is issued under the clause at 52.211-10 in Section I.

Section G - Contract Administration Data

See Section YCL003, NOTICE TO OFFERORS

YCG002 CONTRACT ADMINISTRATION

The Contracting Officer will provide to the Contractor a listing of the names of the Administrative Contracting Officer, Contract Administrator, and Construction Inspector, their organizational codes and telephone numbers at the time of award or at the pre-performance conference. The Construction Inspector is the Contracting Officer’s Representative as defined and designated under the clause at DFARS 252.201-7000 in Section I.

Section H - Special Contract Requirements

YCH003 VEHICLE INSURANCE

All the Contractor’s vehicles accessing Army installations must cover the automobile liability insurance in the types and minimum amounts specified below:

(a) Bodily Injury

Y30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance (JCI)

(b) Property Damage Y3,000,000 per occurrence

YCH004 PERFORMANCE BOND

The Contractor shall furnish a performance bond in accordance with the clause at 52.228-15, Performance and Payment Bonds - Construction, in Section I, as supplemented by this paragraph. No payment bond is required. The performance bond, in the penal amount of 100% of the contract price, shall be submitted to the Contracting Officer before issuance of the Notice to Proceed. In case the Notice to Proceed is to be issued prior to the date or the ending day of the time period specified in Section F, YCF002, the Contractor shall be given a minimum of seven (7) day advance notice. Corporate sureties who support the performance bonds shall be those authorized to underwrite such bonds by the Government of Japan.

YCH006 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The schedules and reports prescribed by the clause at FAR 52.236-15, Schedules for Construction Contracts, in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule and AF Form 3065, Contract Progress Report.

YCH008 DEFINITION OF GOVERNMENT

As used in this solicitation/contract the term Government shall refer to United States Government unless express reference to a different named government is made. In addition, the words Federal, States, and municipal in the clause at FAR 52.236-7, Permits and Responsibilities, are hereby modified to read host government and its political subdivisions.

YCH010 CONCILIATION

Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and United States of America. Requests by the Contractor for conciliation shall be made in accordance with the following procedures:

(a) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the Clause of this contract entitled DISPUTES, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the Clause of this contract entitled DISPUTES, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(b) The request for conciliation will be submitted by the Contractor through the nearest local Japanese Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the Clause of this contract entitled DISPUTES, of the settlement of the dispute and to withdraw his appeal.

(d) In the event the Contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding pendency of his request for conciliation, that action by the appropriate authority under the Clause of this contract entitled DISPUTES, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(e) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the Clause of this contract entitled DISPUTES, has been rendered.

Pending the hearing of conciliation panel the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

YCH013 BASE DEFENSE ACT/WORKMAN'S COMPENSATION/WORK ON AN

OVERSEAS INSTALLATION

This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984), and FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 applies only if the contractor has United States’ citizen or national employees, regardless of whether they have SOFA status or a status of residence in Japan. FAR 52.228-4 applies if the contractor has non-United States’ citizen or national employees. One or both clauses may apply to the contractor.

Section I - Contract Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFARA.HTM http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/VFAFFARA.HTM

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions on Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-10

Commencement, Prosecution, and Completion of Work For the purpose of this clause the blank(s) are completed as follows:

(a) within 10 calendar days

(c) not later than See Section YCF003

APR 2010

APR 1984

52.215-2 Audit and Records--Negotiation MAR 2009 52.222-50 Combating Trafficking in Persons FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.228-2 Additional Bond Security OCT 1997 52.228-3 Workers' Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-11 Pledges Of Assets SEP 2009 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-34 Payment by Electronic Funds Transfer--Other Than Central Contractor Registration

For the purpose of this clause the blank is completed as follows:

(b)(1) no later than 15 days prior to submission of the first request for payment

MAY 1999

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items APR 2010 52.246-21 Warranty of Construction MAR 1994 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Termination For Convenience Of The Government (Fixed-Price) MAY 2004 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)(MAY 2004) - Alternate I SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-4

Alterations in Contract Portions of this contract are altered as follows:

52.252-6

Authorized Deviations In Clauses For the purpose of this clause the blank(s) are completed as follows:

(b) Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2)

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials JAN 2009 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies DEC 2008 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting with Firms That Are Owned or Controlled By The Government of a

Terrorist Country

DEC 2006

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials APR 1993 252.225-7041 Correspondence in English JUN 1997 252.225-7044

Balance of Payments Program--Construction Material For the purposes of this clause the blank(s) are completed as follows:

(b)(2)All materials may be procured locally

JAN 2009

252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001

Contract Drawings and Specifications For the purposes of this clause the blank(s) are completed as follows:

(e) Refer to Attachment 2 in Section J

AUG 2000

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998

252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) AUG 2009 252.247-7023 Transportation of Supplies by Sea MAY 2002 5352.201-9101 Ombudsman

For the purpose of this clause, the blank is completed as follows:

(c) Name: ANDREW L. WHITNEY, YC-02, DAF Address: 374 Contracting Squadron Unit 5228, Bldg 620, Yokota Air Base Fussa-shi, Tokyo 197-0001 Phone No: 042-552-2511, Ext 57199 Facsimile No: 042-552-2511, Ext. 53346 E-mail: michael.hackman@yokota.af.mil <mailto: michael.hackman@yokota.af.mil> Concerns, issues, disagreements, and recommendations that cannot be resolved at the Squadron Ombudsman level may be brought by the concerned party for further consideration to the MAJCOM Ombudsman, Frederick Mark, HQ PACAF/A7KP, Hickam AFB, HI 96835-5427, Phone No: 808-449-8567, Facsimile No: 808-449-8571.

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM Ombudsman level may be brought by the concerned party for further consideration to the Air Force Ombudsman, Associate Deputy Assistant Secretary (ADAS)(Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, Phone No: 703-588-7004, Facsimile No: 703-588-1067

Section J - List of Documents, Exhibits and Other Attachments

NUMBER TITLE NUMBER OF PAGES

Attachment 1 Contract Specification for Project No. V-10-600, Replace A/C and

Heating System, Building S-336 at Akizuki Ammunition Depot, dated 27 May 10

99 pages

Attachment 2 Drawings 9 sheets

Attachment 3 Reserved

Attachment 4 Past Performance Reference List

(This attachment will not be part of the resulting contract.)

2 pages

Attachment 5 Past Performance Questionnaire

(This attachment will not be part of the resulting contract.)

2 pages

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2

Certificate Of Independent Price Determination

(b)(2)(i) (insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization)

APR 1985

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.204-3

Taxpayer Identification

(d) Taxpayer Identification (TIN).

TIN:

TIN has been applied for.

TIN is not required because :

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (non tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other

(f) Common parent.

Offeror is not owned or controlled by a common parent;

Name and TIN of common parent:

Name

TIN

OCT 1998

52.209-5

Certification Regarding Responsibility Matters

(a)(1)(i)(A) Are are not

(B) Have have not

(C) Are are not

(D) Have have not

(ii) has has not

252.247-7022

Representation Of Extent Of Transportation Of Supplies By Sea

(b) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

AUG 1992

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009

YCK001 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES

(a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and other charges all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. These taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(c) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for motor fuel will be issued only after consumption of the motor fuel, either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes Clause.

Customs Duty or Tax Type and Percentage or Tax Amount of Duty or Tax Excluded in Yen

Section L - Instructions, Conditions and Notices to Bidders

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFARA.HTM http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/VFAFFARA.HTM

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.216-1

Type Of Contract For the purpose of this provision, the blank(s) are completed as follows:

Firm-Fixed Price

52.233-2

Service Of Protest For the purpose of this provision, the blank(s) are completed as follows:

(a) same as block 7, SF 1442

SEP 2006

52.236-27 Site Visit (Construction) FEB 1995 52.236-27 Alt I

Site Visit (Construction) (Feb 1995) - Alternate I For the purposes of this provision the blanks are completed as follows:

(b) An organized site visit has been scheduled for 21 Jul 10, 1000 hours.

(c) Participants will meet at main gate of Akizuki Ammunition Depot, Hiroshima-ken, Japan.

Note: All offerors who will be attending the site visit shall furnish in writing the following information to 374CONS/LGCA at eiki.ohkubo.jp@yokota.af.mil or by facsimile at 042-551-0973 prior to 14 Jul 10, 11:30 hours. NO EXCEPTIONS.

Company Name Address Phone Number Fax E-mail Address Name and Title of Attendee(s) Name and Title of POC Vehicle Information (Manufacturer Name, Model & License Plate Number)

These information must reach the contract specialist not later than the date and time specified above in order for offerors to ensure access to the military base and project site.

The government intends that ONLY ONE site visit will be conducted under this solicitation.

FEB 1995

52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-5 Authorized Deviations In Provisions APR 1984

For the purposes of this provision the blank(s) is/are completed as follows:

(b) Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2).

252.204-7001 Commercial And Government Entity (CAGE) Code Reporting AUG 1999 252.211-7002

Availability For Examination Of Specifications, Standards, Plans, Drawings, Data Item Descriptions, And Other Pertinent Documents

Items may be examined at: Technical Library, Directorate of Public Works, US Army Garrison Japan, Room 201, Bldg 102, South Camp Zama, Zama-shi, Kanagawa-ken, Japan.

DEC 1991

252.225-7042 Authorization to Perform APR 2003 252.236-7006 Cost Limitation JAN 1997

YCL001 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS (IAW FAR

36.204(c))

The estimated amount of the project is: Between Y10,899,690 and Y27,249,225.

YCL003 NOTICE TO OFFERORS

Funds are not presently available for this project. No award will be made under this solicitation until funds become available. Funds will be available in either this Fiscal Year (FY) 2010 or the 1st quarter of FY2011.

YCL004 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section and its relationship to Section M prior to commencing proposal preparation. All solicitation amendments must be acknowledged in accordance with Section L, FAR 52.215-1, Instructions to offerors - Competitive Acquisition.

B. The contracting officer has determined that there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

C. Offeror’s Past Performance Information, under existing and prior contracts for products or services similar in scope, size and complexity, will be evaluated through the assignment of a confidence assessment rating based on assessing performance risk, focusing on “Recency”, “Relevancy” and “Quality” of performance. The Past Performance Information will be used as an evaluation factor against which offerors’ price will be compared to assure best value to the Government. References other than those identified by the offeror may be contacted by the Government with information received used in the evaluation of the offeror’s past performance. Submit information on contracts that you consider relevant in demonstrating your ability to perform the proposed effort (See below paragraph D.2.b for Relevant Contracts).

D. Specific Instructions:

The response shall consist of two (2) separately bound parts, Part I - Price Proposal, and Part II - Past Performance Information.

1. PART I – Price Proposal: Offerors shall include Section A, B, K and all Exhibits, if listed in Section J, in this part, and submit the proposal to arrive See Standard Form 1442, Block 13.A.

a. Section A – Complete blocks 14, 15, 19 (when any Amendment(s) to solicitation is issued), and 20 of the RFP Section A, Standard Form 1442. In doing so, the offeror agrees to the contract terms and conditions as written in the RFP, Sections A through K. An individual with authority to contractually bind your company must sign the Standard Form 1442 in accordance with FAR 4.102.

b. Section B – Insert the price(s) associated with the project in the table provided.

c. Section K – Complete ALL the necessary fill-ins and required certifications and representations in their entirety.

d. Offerors shall provide with the price proposal submitted in response to the RFP, a letter of intent from their surety asserting their ability to obtain performance bond in accordance with Section YCH004.

e. If the offeror is a joint venture, provide a copy of the properly executed joint venture agreement.

2. PART II – Past Performance Information - Only references for same or similar type contracts desired.

Submit original plus one (1) copy. The response shall consist of (1) Past Performance Reference List and (2) Past Performance Questionnaires.

a. Required Documents

(1) Past Performance Reference List (RFP Attachment #4): Offeror shall submit the reference list of three

(3) contracts performed (on-going or completed) as prime contractor, subcontractor, joint ventures and/or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US Government agencies, Government of Japan or its political subdivisions, or commercial customers within the last 3 years of this solicitation release date. Furnish the following information for each reference on the list of contracts information:

1. Name of contracting activity (e.g. Government Agency/Company name)

2. Point of Contact (POC), Contracting Officer and/or Contract Administrator’s phone/FAX number, and e-mail address (if available)

3. Contract number and project title

4. Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type)

5. Total contract value

6. Performance period (e.g. date/month/year through date/month/year)

7. Description of contract work performed

8. Contracting Officer’s name and phone number

9. Government Inspector/commercial project manager and phone number

10. List of major subcontractors if applicable

In addition, the offeror may provide information on problems encountered on the contracts identified in 2.a.(1) above and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk.

(2) Past Performance Questionnaires (RFP Attachment #5): The Government requires the Past Performance Information of the contracts identified in Past Performance Reference List from each contracting activity or commercial activities. The offeror shall send out the Past Performance Questionnaires to respective Points of Contact (POCs) of contracting activity identified in Past Performance Reference List. The responsibility to send out the Past Performance Questionnaires rests solely with the offeror – i.e., it shall not be delegated to any other entity. Once the Past Performance Questionnaires are completed by your POCs, the information contained therein shall be considered sensitive and shall not be releasable. Questionnaires shall be sent directly back to

374 CONS/LGCA from evaluating agencies/companies. Offerors are responsible for ensuring that their reference sources receive the questionnaires in time to complete and return the questionnaire to 374th Contracting Squadron. No questionnaires will be accepted directly from the offeror being evaluated. The Government will evaluate the quality and extent of offeror’s experience deemed relevant to the requirements of this RFP. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess experience.

(3) Past Performance Reference List & Past Performance Questionnaires shall be submitted to 374 CONS/LGCA from offerors/evaluating agencies/companies, NOT LATER THAN 30 Jul 10, 1630 hours local time by either e-mail (eiki.ohkubo.jp@yokota.af.mil) or FAX (042-551-0973).

b. Relevant Contracts. Submit information on contracts that you consider relevant in demonstrating your ability to perform the proposed effort. Include rationale supporting your assertion of relevance. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Relevant contracts (similar in scope, size and complexity) may include the following work requirement(s) listed in descending order of relevance:

Scope 1 – Mechanical work (installation of Air Conditioning System)

Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide a signed consent to the release of past performance information to the prime offeror for each subcontractor that will perform major or critical aspects of the requirement.

Section M - Evaluation Factors for Award

YCM001 BASIS FOR CONTRACT AWARD

This is a competitive best value source selection in which competing offerors’ past performance history will be evaluated on a basis approximately equal to cost or price considerations. By submission of its offer in accordance with the instructions provided in Section L, the offeror agrees to the terms of this solicitation and all such offers shall be treated equally for evaluation of proposals submitted in response to this solicitation. The evaluation process shall proceed as follows:

A. Initially offers shall be ranked according to price, including any option prices if applicable. An offeror’s proposed prices will be determined by multiplying the quantities identified in Section B by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each.

The price evaluation will document for the offers evaluated under the following subparagraph B, the completeness, and reasonableness of the proposed total evaluated price. All offerors must therefore propose on all line items in Section B (and if applicable all the prices in Exhibits), and failure in doing so may be cause for rejection of that offer.

The Government intends that only one contract will be awarded as a result of this solicitation.

B. Using questionnaires, the contracting officer shall seek performance information from all offerors based on (1) the references provided by the offeror and (2) data independently obtained from other Government and commercial sources. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance on relevant contracts. Relevant contracts are defined as Refer to Section L; YCL004, Paragraph D.2.b. The performance confidence assessment process will result in an overall risk rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence or Unknown Confidence, as defined in below in accordance with AFFARS MP5315.3. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably. When relevant performance record indicates performance problems, the Government will consider the number and severity of the problems and the appropriateness and effectiveness of any corrective actions taken (not just planned or promised). The Government may review more recent contracts or performance evaluations to ensure corrective actions have been implemented and to evaluate their effectiveness.

C. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP.

D. If the lowest priced evaluated offer is judged to have a Substantial Confidence performance assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

E. If the lowest priced offeror is not judged to have a Substantial Confidence performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue in order by price until an offeror is judged to have a Substantial Confidence performance confidence assessment or until all offerors are evaluated.

The Source Selection Authority shall then make an integrated assessment best value award decision.

F. Offerors are cautioned to submit sufficient information and in the format specified in Section L. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

G. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

YCM002 PAST PERFORMANCE EVALUATION

A. In conducting a performance confidence assessment, each offeror will be assigned one of the ratings below:

B. Past performance evaluation will be performed based on the following criteria:

1. Recency: Each contract will be confirmed whether the contract has been completed during the past 3 years from this solicitation release date, or is currently in progress.

2. Relevancy: A relevancy determination of the offeror's present and past performance as prime contractor, subcontractor, joint ventures, and/or teaming partners will be made. In determining relevancy, consideration will be given but not limited to such things as project scope similarity, project size, project complexity and contract type.

Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. The Government may consider an offeror’s contracts in the aggregate in determining relevancy should the offeror’s present and past performance lend itself to this approach. For example, an offeror’s work experience on three (3) proposed contracts may, by definition, represent only a somewhat-relevant effort when each contract is considered as a stand-alone effort. However, when these contracts are assessed in the aggregate, the work may more accurately reflect a relevant effort. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

Very Relevant: Past/present performance effort involved essentially the same scope and size of effort and complexities this solicitation requires.

Relevant: Past/present performance effort involved much of the same or similar scope and size of effort and complexities this solicitation requires.

Somewhat Relevant: Past/present performance effort involved some of the same or similar scope and size of effort and complexities this solicitation requires.

Not Relevant: Past/present performance effort did not involve any of the same or similar scope and size of effort and complexities this solicitation requires.

Rating Description

SUBSTANTIAL CONFIDENCE Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY CONFIDENCE Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.

LIMITED CONFIDENCE

Based on the offeror’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.

NO CONFIDENCE Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

UNKNOWN CONFIDENCE No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

3. Quality: Quality of work previously provided for relevant contracts will be assessed to determine the relative capability of the offeror to effectively accomplish the requirements of this solicitation. The assessment will focus, but not limited to, on the followings which are also listed in Section 3 of Questionnaire (RFP Attachment #5):

(1) Quality of Work

(2) Timely Performance/ Schedule

(3) Effectiveness of Management/ Key Personnel

(4) Compliance with Safety Standards

ATTACHMENT 4 - PAST PERFORMANCE REFERENCE LIST

FOR

RFP NO. FA5209-10-R-0018

Name of Offeror:

The following three (3) contracts are the most relevant contracts (similar in scope, size and complexity) performed for US Government agencies, Government of Japan, and Commercial customers performed within the last 3 years of the solicitation release date, or is currently in progress (see Attachment 4, Part II for detailed instruction):

＊Item No. 3 －日本語の工事件名がある場合は、英語及び日本語で御記入下さい。

Past Performance Information (PPI) No. 1

1. Name of contracting activity (e.g. Government Agency/Company name):

2. Point of Contact (POC), Contracting Officer and/or Contract Administrator’s phone/FAX number, and e-mail address (if available):

*3. Contract number and project title:

4. Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type):

5. Total contract value:

6. Performance period (e.g. 18 Jan 20XX through 15 Aug 20XX):

7. Description of contract work performed:

8. Contracting Officer’s name and phone number:

9. Government Inspector and phone number:

10. List of major subcontractors:

PPI No. 2 & 3 (same as PPI No. 1 above)

1. Name of contracting activity (e.g. Government Agency/Company name):

2. Point of Contact (POC), Contracting Officer and/or Contract Administrator’s phone/FAX number, and e-mail address (if available):

*3. Contract number and project title:

4. Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type):

5. Total contract value:

6. Performance period (e.g. 18 Jan 20XX through 15 Aug 20XX):

7. Description of contract work performed:

8. Contracting Officer’s name and phone number:

9. Government Inspector and phone number:

10. List of major subcontractors:

When filled in, this document is for official use only.（記入後関係者のみ閲覧可）

POC: E. Ohkubo/374 CONS/LGCA

PAST PERFORMANCE QUESTIONNAIRE

Attachment No. 5 to RFP No. FA5209-10-R-0018

PPI No.

PART I INFORMATION ON OFFEROR AND CONTRACT

The offeror shall fill in PART I in both of English and Japanese (Only English for U.S. Govt. contract).

(PART I は、入札参加業者が英語と日本語で記入してください。米国政府との契約については英語のみで結構です。)

NAME OF THE OFFEROR:

入札参加（調査対象）業者名:

INFORMATION ON CONTRACT TO BE EVALUATED （調査対象契約情報）:

Contracting Activity (発注者) Contract #, Title & Performance Period (契約番号・工事件名･工期) Value (契約額)

Y

PART II QUESTIONNAIRES

Contracting Activity shall answer questions in PART II concerning the information in PART I. Please write in English if possible.

（PART II は PART I の情報について、発注元が各質問にお答え下さい。可能であれば、英語で記入して下さい。）

SECTION 1: EVALUATOR IDENTIFICATION

A. Evaluator’s name/title/phone #:

（記入者の氏名･職名･電話番号）

SECTION 2: CONTRACT /CONTRACTING ACTIVITY IDENTIFICATION

A. If you find incorrect info in Part I, please correct it here.

（Part I の情報に誤りがあれば、当欄で訂正してください）

B. Circle scope(s) of work, which are included in the contract. (該当する工事内容の番号を、全て○で囲んでください。)

Scope 1. Mechanical work (installation of Air Conditioning System)

SECTION 3: QUALITY EVALUATION

Each code as “your response” is defined as follows: （「回答」としての各記号は以下のように定義されます。）

CODE QUALITY LEVEL

(記号) (クオリティーレベル）

E

EXCEPTIONAL

(特に優れている)

- The contractor’s performance meets contractual requirements with many exceeded to your benefit. The contractual performance was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective. (この業者は、多くの点で便宜を図り, ほとんど問題なく、契約上の必

要条件を満たしている。）

VG

VERY GOOD

(優れている)

– The contractor’s performance meets contractual requirements with some exceeded to your benefit. The contractual performance was accomplished with some minor problems for which corrective actions taken by the contractor were effective. (この業者は、いくつかの点で便宜を図り，軽微な問題もあったが、効果的に

解決し、契約上の必要条件を満たしている。）

S

SATISFACTORY

(満足)

- The contractor’s performance meets contractual requirements. The contractual performance contained some minor problems for which corrective actions taken by the…